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Credit and Collection Handbook PDF
Credit and Collection Handbook PDF
Credit and Collection Handbook
By C2C Resources
Text copyright © 2012 by C2C Resources
No part of this publication may be reproduced for
commercial use without permission.
Introduction: Why this eBook?
For some people, the business of Collections can conjure some pretty unflattering
images. And the reality is, in your own business, you don’t want to be the stereotypical
collections bully who stars in your customer’s worst nightmare. Quite the opposite! You
want a business relationship that has positive staying power even if there are rough
spots. Wouldn’t it be nice if you didn’t have to deal with collecting on bad debts … ever?
At C2C Resources, we help our clients minimize the need for our services by teaching
them how to effectively collect in‐house, which is why we’ve created this eBook. While
that may seem counter‐productive to the health of our business, we think differently.
For one thing, Collections will always be a necessity. Even in a healthy economy, the
need for Collections services remains. There will always be occasional bumps in the road
for some customers as well as scammers who don’t want to honor their commitment.
And besides, it’s in our best interest to teach others what we know, even if it spares you
the need for our services. In the event that you end up needing an agency, you’ll want a
company you can trust. We believe our approach helps us earn that trust.
We hope this eBook helps you navigate the Collections waters.
Table of Contents
SECTION ONE ‐ IN‐HOUSE COLLECTION STRATEGIES 3
CHAPTER ONE: C REDIT WHERE CREDIT IS D UE 4
CHAPTER T WO: RECOMMENDED COLLECTION T IMELINE 6
CHAPTER T HREE: C OLLECTION CALLS 7
CHAPTER F OUR : C OLLECTION NOTICES 13
CHAPTER F IVE: HANDLING DISPUTES AND CASH F LOW OBJECTIONS 17
CHAPTER S IX: S KIP T RACING 19
SECTION TWO ‐ COLLECTION AGENGIES AND INDUSTRY SOLUTIONS 21
CHAPTER S EVEN: COLLECTION AGENCIES ARE NOT A COMMODITY 22
CHAPTER E IGHT : T HE I MPORTANCE OF LICENSING 24
CHAPTER NINE : STRATEGIC T HOUGHTS FOR F INANCE AND COLLECTION FEES 25
CHAPTER T EN: MANAGING THE L ITIGATION PROCESS 26
Credit Applications
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SECTION ONE
IN‐HOUSE COLLECTION STRATEGIES
There are many things to consider when operating a business. Among the long list of
considerations is how to handle past due accounts. Like so many things, being prepared
with an action plan before you need it is smart business.
While there’s no magic formula for eliminating bad debt altogether, you can minimize
your bad debt overall! A solid Credit and Accounts Receivable policy can help you do an
effective job up‐front in managing how and when credit is extended and how and when
to follow up on past due accounts.
Establishing the credit worthiness of your potential client is of paramount importance
when managing your Accounts Receivables. But even if you do everything right in
making credit decisions, you’re still likely to end up tackling the challenge of unpaid
invoices.
A well thought‐out collections plan has the potential to minimize your past due accounts
and perhaps even spare you the need for outside assistance. The following information
can help you to do just that.
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CHAPTER ONE: CREDIT WHERE CREDIT IS DUE
EXTENDING CREDIT TO YOUR CUSTOMER
Among the many decisions you face as a business owner, one of the big ones is to whom
you grant credit and how much you agree to grant. Pretty much everything affects your
bottom line in some way. The risks involved in extending credit rank high on the list of
things you must take into consideration.
What will your terms be? Where’s the limit for you? It comes down to this question:
How big of a risk can your business afford to take?
While there may be many factors in your situation that will determine the answer to this
question, your profit margin certainly plays the most significant role. If your profit
margin is high, you may be comfortable accepting a higher rate of bad debt in order to
increase your sales. If your profit margin is low, bad debt may leave too big a ding in
your armor to take much of a risk at all. Only you can make these determinations as you
formulate your policies. But once your policy is in place, you’ll be better able to tackle
the credit extension decision on a customer‐by‐customer basis.
Most people know the basic pieces of information needed when establishing credit with
a new customer. This information is gathered through a Credit Application (we’ve
provided two in this book) and typically includes:
1. Business name and officers name/s
2. Type of entity (i.e., partnership, sole proprietorship, S‐corp, etc.)
3. Address of business and length of time at that address and phone number/s
4. Banks where business accounts are kept, including phone number and address
5. Credit references
6. Applicant's accountant
Once the above information is gathered, it must be then processed and verified. The
larger the credit limit, the deeper you need to investigate. Start with calling references
but since applicants typically give their best references, ask other people in your
professional network about any experience with the applicant. Among the best‐known
companies for additional information gathering are InfoUsa, Experian, Cortera and Dun
& Bradstreet. After you’ve collected and verified the information, there’s another step
you can take.
If you’re entering into a relationship with a business that processes a meaningful
amount of sales by way of Credit Cards, then there’s something more you can do right
from the beginning of your business relationship.
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This tip may prove to be an invaluable tool to you in the course of your
relationship.
Consider requesting two to three months worth of Merchant Statements from your new
customer. Make this request right from the start, when the customer is most amenable
to the idea. Here’s why you want to do this:
The information found on your customer’s Merchant Statements give you a baseline of
their business as it pertains to Credit Card sales. At the beginning of your relationship,
there’s not much you need to do with these documents other than keep them on file.
Down the line however, if you encounter slower payments or non‐payment from your
customer, those baseline documents will come into play. By comparing the original set
of statements, with a set of current ones, you’ll be better able to verify any claims made
about those late payments. Are credit card sales down? Merchant Statements can help
you verify this claim and, added with any other information you gather, can help you
determine the next and best action.
Granting credit is risky, no matter how much up‐front work you do! Even if you do
everything correctly, there will likely be times when you must play the role of a
Collector. It’s not the fun part of your business, we know, but there are ways to make
the process less painful and, if done right, you may even enrich your relationship with
some of your customers.
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CHAPTER TWO: RECOMMENDED COLLECTION TIMELINE
Once you’ve established your Credit policy, it’s time to develop an Accounts Receivables
policy. When that’s done, our best advice for timely collections is this: Stick to your
policy like glue!
From this point on, it’s helpful to have a prescribed plan or a timeline in which to send
collection notices and make phone calls for past due accounts. A timeline will help you
collect in an organized, fair and reasonable manner avoiding too few contacts that don’t
communicate the seriousness of the matter or too many that can be just as counter
productive.
Sending the right amount of reminders at the right time can lead to successful debt
recovery. The following is a timeline we’ve built based upon a 30‐day credit term. Of
course, you’ll need to adjust the timeline to match your credit terms.
Day 0 Send Invoice
Day 15 For new customers or large invoices, a pro‐active call to confirm that they
received your invoice and that the shipment is correct is a good way to
avoid a dispute later and to make sure your invoice is in line for payment.
Day 35 Past Due reminder notice
Day 45 Send Past Due follow up notice on smaller accounts or make initial past
due call on larger accounts. If time permits on smaller accounts, a call is
better than written communication at this stage.
Day 55 Initial past due call or follow up call depending on day 45 action
Day 65 Termination of credit notice or send a 60‐day demand notice
Day 80 Final Demand phone call
Day 90 Final Demand letter
Critical to the success of this timeline is follow up. If your client makes a promise, follow
up if they fail to follow through. If things get to the point that a Final Demand letter
must be sent, stay true to the actions you state in it. If you say that you’re turning the
debt over to a 3rd party collection agency, do it. If you do not take the action that you’ve
promised, you’ll lose credibility with the customer in future collections efforts.
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CHAPTER THREE: COLLECTION CALLS
In dealing with a difficult challenge like debt collections, there are two sides of the fence: Your
side and your debtor’s. Both sides of the collections fence represent real people with real
challenges.
You sit on the collector’s side with your own set of challenges, one of which is to resolve the
overdue bill at hand. So, as the collector, what can you do on YOUR side to get that money paid
while at the same time, retaining the customer?
Many things enter into this equation, but one key component is also profoundly simple: It’s
found in the ways you express respect throughout the process. Most positive outcomes happen
as a result of how we handle ourselves when attempting to collect a debt.
It’s important to note that typically, when your customer owes you money from past due
accounts, the reality is, he owes other people, too. It’s not that he can’t pay YOU. He probably
can! It’s that he can’t pay everybody ‐ therefore, he’s paying nobody. You want to be that one
person your customer decides to pay over the many other creditors making the same demand.
It’s important to stand out from the crowd. While other collectors may be busy screaming and
making threats, you remain professional, respectful and amenable to the ways he might resolve
the debt. If you had to make a choice, whom would you rather pay?
A great starting point for any collection call is to set out to extend 3 courtesies during the
conversation. By doing these 3 things, you’re likely to gain the same respect your customer sees
you giving and thereby come to a resolution more quickly.
1. The Courtesy of Listening
The more you understand the situation your customer is facing, the better you’ll be able
to help resolve the matter. Give them the time they need to fully explain. Take notes
and repeat the problem back to them to be sure you understand. Your time spent
listening communicates respect while at the same time provides you with the
information you need to resolve the matter.
2. The Courtesy of Calm Professionalism
Most customers truly want to pay you. Their debt is a burden they’d like to unload.
When you listen, you’ll quickly learn who falls into that category. These are the kinds of
customers who typically respond well to helpful, useful solutions or agreements and will
appreciate your business even more when you work with them to find those solutions.
Regardless of how your customer responds, calm professionalism will serve you well. If
things heat up ‐ keep your cool. Your calm responses can often defuse an escalating
conversation and bring it back around to a resolution that works for both you and your
customer.
3. The Courtesy of Firm Flexibility
Flexibility opens you and your customer to options in tough situations. This can be a
relief to you both, because the fact is, while a same‐day resolution is desirable, it’s not
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always possible. To be flexible means you have more ways to figure this thing out. Stay
firm on the terms you ultimately do agree upon and put it in writing. If an extensive
payment plan seems to be the best resolution, follow through on your end to ensure the
terms are met. Your customer will appreciate your balance of firm flexibility. In the end,
it helps to relieve them of the stress of that particular outstanding bill.
If you keep these three things top of mind, you’ll be off to a good start when making
your first call.
The First Collections Call Strategy – (Day 45)
Making collections calls can be one of the most challenging aspects of operating a
business. Past due accounts can even pile up simply because debt collection calls are
awkward and uncomfortable to make. But you can ease some of your own
apprehension just by preparing for the debt collection calls before you make them.
Do these things before you pick up the phone:
1. Make a list of excuses
Make a list of the most common reasons and excuses for non‐payment you’ve
heard in the past. Then, make a list of your best possible responses. What
worked before? What didn’t? Go ahead and rehearse your responses out loud.
For example, it’s not at all uncommon to hear the old‐standby, “the check is in
the mail.” And it’s GREAT if it is. But since you don’t know for sure, you’ll want to
press for a resolution. Consider a response like, “Great! May I have the check
number, amount and date sent so I can make sure it posts correctly?” With a
response of this nature, you’ll not only be taking a helpful tone but you’ll also be
moving toward a speedy debt recovery.
Obviously, disputes and cash flow objections will be a common issue. Read
chapter five for tips on handling this.
2. Know the specifics of the past due account
Make sure you have the following things at your fingertips in advance of the
collections call. Having this information will help you maintain control during the
course of the conversation.
How much is owed?
What are the terms of the sale?
What did they purchase?
When was the payment due?
Are there other open invoices beyond what you’re calling about?
What is their payment record with you?
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3. Prepare to listen with a positive attitude
A positive disposition and upbeat voice often help to set a good tone for a past
due account call. Take a few minutes to think positively and prepare your self for
a professional, pleasant and respectful conversation. Be prepared to give your
customer the time she needs to explain the circumstances.
Take notes during the call, jotting down any promises made or reasons for delay. Keep
those notes in your customer’s file and then follow up according to your timeline should
those promises be broken.
Your demeanor during a call is everything. Remember your goal: To collect the money
owed the same day if possible AND retain the customer. You’re more likely to
accomplish both by being prepared with the information you need and by keeping a
positive, professional attitude.
The following script may help you in preparing for a first time collection call.
Initial Collection Call Example Script
On this call your approach may vary depending upon the tenure and
history of the client. On larger or more established accounts you will
not want to push for payment the same day if they have promised to
pay the invoice or get it in line for payment.
Hello [customer name] this is [your name] with [your
Company name]. I was just calling to follow‐up on
[invoice#____ ] for [$____ ]. According to my records it
is [XX] days past due. Since we have still not received
payment, I wanted to make sure that there is no
problem with the invoice and if there is no problem,
determine when payment will be made. (If it’s an
established or larger customer, you may want to
rephrase: “According to my records, there is a balance
outstanding.”)
If this is a new customer or a previously late customer, end the all
with:
Great! As you know our terms are net 30 and we try to
make sure all of our customer’s accounts are kept
current with full purchasing power. I will look for the
check in the mail over the next few days.
For the larger or more established customer, end the call with:
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Great! I appreciate your help and will look for it in the
mail over the next few days.
If it is scheduled for payment later or if the customer is vague about
his aim toward resolution, then you might respond with:
As you know our terms are net 30 and this invoice is
now [XX] days old. Is there anything that can be done to
expedite this payment and get it in the mail today?
Second Collections Call Strategy – (Day 55)
Chances are, when you make a second collections call, it’s because a promise has been
broken. If you’ve followed our suggested timeline, you’ve sent an email or two, made a
call and still see no resolution. In the course of your last call you may have been told,
“The check is in the mail” or “I’m mailing it today”. Whatever is the case, there you are,
still waiting for a payment that’s been promised.
It’s time to make another call.
First calls are typically friendly reminder calls. And while all the rules of respect and
professional engagement apply for second calls (and any follow up for that matter), it’s
necessary to step‐it‐up a bit, so to speak. The situation is serious and in fairness to you
and your business, payment is expected.
Take note in the following script of the more serious tone.
Broken Promise Call Example Script
Hello, [customer name] this is [your name] with
[your Company name]. I am calling regarding [invoice
# _____] for [$$]. When we spoke on [date] you had
indicated that a payment would be made on [date] in
order to bring your account current.
If customer says payment is in mail:
Great! Can you tell me when that check was put in
the mail?
If the date mailed is beyond 5 business days then respond with:
I wonder if there is a problem on our end because
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Final Demand Call Example Script
Hello, [customer name] this is [your name] with
[your Company name]. I am once again calling
regarding [invoice # ] for [$$]. I am concerned since
this account is seriously past due. I am hopeful that
we will be able to resolve this account today since
we are almost at the point that our policy requires us
to refer this to a 3rd party.
Your customer at this point may respond in a variety of ways. If they claim the check is
in the mail or they promise to pay that same day, then follow the steps that are outlined
in the second collection call. If they refuse, then send out your final demand letter. We
suggest this be sent via U.S. Postal service to set it apart from the emails you’ve sent
previously.
If they claim a cash flow problem (see chapter 5), then try to establish a reasonable
payment plan that requires some type of immediate payment and defined payment of
the balance. If your customer needs your product, you might consider allowing them to
purchase on COD once a certain portion is paid off. If they are having trouble with other
vendors, the need for your product may be a good incentive for them to put your bill at
the top for resolution.
After this call, you’re back in the waiting game to see if your customer follows through.
If not, you need to follow through with the action you said you’d take. If you stated that
you would involve a 3rd party, then take that action. It’s imperative that you do what
you say you’ll do so that you’ll be taken seriously should this issue arise again.
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CHAPTER FOUR: COLLECTION NOTICES
Just like collection calls, collection notices need to make a reasonable progression from
friendly reminders to a more serious tone. The very first notice is best approached
under the assumption that the invoice is past due simply because of an oversight. With
each contact, the tone becomes more serious. It’s acceptable to mail notices, but it’s
more common to use email and save the regular mail for the final demand.
Collection notices have two goals:
1. To get you paid
2. To keep customer good will
Collection notices typically go to two types of customers:
1. Those who have hit a tight spot, but really do want to pay
2. Those who are facing a failed business, who have given up and are unlikely to
pay
The first customer probably wants to be current every bit as much as you want to be
paid. Just like your first collection phone call, your initial notice should be of a friendly
reminder nature in the hopes of retaining and furthering your existing positive
relationship. Often, a little nudge will get you a check so you can close the file and move
on to other matters.
The First Notice (Day 35)
You need the invoice number, the amount of the invoice and the date the payment was
due to craft a solid collection notice. There’s no need to delve into the reasons you need
to be paid. This is true in any past due communication. You need to be paid because you
provided goods or services. That’s business and your customer operates from that
standpoint, too. All you need for your notice is the facts.
Refer back to our Collections Timeline to help you decide when to make a call, when to
send a notice and when to begin using a more forceful tone. Naturally, starting out with
a friendly reminder notice is a fair and professional beginning. Without the benefit of
understanding the circumstances surrounding the past due account, it’s best to assume
it’s a simple oversight that a friendly reminder notice will help to resolve.
To help you craft your initial reminder, consider the following example notice as a guide:
First Notice Example
Dear [Customer name],
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Thank you for your recent business. We look forward to a continued
business relationship.
I just wanted to send you a quick reminder regarding invoice number
[0000] for [$$] which is now past due. If payment has not already
been sent, please send your payment today in order to keep your
account current.
Should you have any questions or problems regarding the invoice,
please give me a call. Thank you for your attention to this matter.
Sincerely,
[your name]
Notice that the tone is friendly but professional. The matter is serious and you don’t
want that fact to get lost in the words you choose. But at the same time, you don’t want
to do anything other than assume an oversight in your first communication.
Taking a friendly reminder stance when making your first contact about a past due bill is
a great way to initiate action while promoting good will with your valued customer.
The Second Notice – (Day 65)
The Collections process can be a frustrating one. You start with an overdue invoice.
That’s aggravating enough. So, you send a friendly reminder notice in the hopes that a
letter alone will prompt the desired action: a check in your mailbox. When that doesn’t
work, you pick up the phone, listen to the reasons, score a few promises and then you
wait some more.
In some cases, what happens during the process of collections with any given customer
will determine if you really want to keep doing business with them at all. But if you do,
you’ll want to make a reasonable progression in your tone from friendly to serious with
a balanced number of notices and calls.
Consider using something similar to the following to exact a more serious tone.
Second Notice Example
Dear [Customer],
We do value your business, but are concerned that your past due
balance of [$$] has not been paid.
15
Our credit policy requires that we place your credit privileges at
[your company name] on hold until payment is received on the
outstanding balance.
We do not make these decisions lightly, but it is important that
we are fair to our business and that we require our customers to
honor their commitment to our credit terms. Please give me a
call if there is a problem in sending your check for the past due
balance today.
Thank you for your attention to this matter.
Sincerely,
[Your name]
Should you find that your notice and phone calls don’t solicit the response you desire,
you’ll be left with no choice but to send the final demand letter.
The Final Demand Letter – (Day 90)
It’s certainly the hope that you’ll never get to the point of needing to send a Final
Demand Letter, but in the event that you do, we recommend sending it through the
regular mail service. As previously stated, this will set it apart from the email notices
you’ve been sending, which will put a further sense of urgency on the matter.
By the time you get to this point, you’ve likely sent quite a few notices and made a
number of calls. Naturally, you’ve heard every reason and excuse for non‐payment and
you’ve reached the end of what you feel you can do in‐house.
A Final Demand Letter is a short one. Your conversations with your customer have
already run their course to no avail so, you’re left with the fact that you must turn the
account over to a third party for collections if the final date is passed without payment.
The following is an example of a Final Demand Letter:
Final Demand Letter Example
Dear [Customer name],
Despite our continued requests and patience, your past due
balance of [$$] remains unpaid.
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We have reached the point that unless the balance is paid in full
or satisfactory payment arrangements are made by [final date],
we will refer your account to our collection agency.
This is not a step we like to take but you have failed to honor your
commitment to us when we extended your company credit. We
did our part and are hopeful that you will do your part now. I am
sure you will agree that a good credit rating is important for
business.
This is our final request for cooperation.
Sincerely,
[your name]
Often times, the mention of a collection agency is enough to garner the reaction you
want: a check in the mail. Sometimes, it’s not. If the date you cited in your letter comes
and goes without a check in the mail, then you must follow through and contact your
collection agency.
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CHAPTER FIVE: HANDLING DISPUTES AND CASH FLOW OBJECTIONS
Disputes and cash flow will be your most common reasons for non‐payment.
Disputes
Disputes that are brought to your attention early are more likely to be valid. But
regardless of when your customer raises a dispute, it is important to listen to their story
before responding and then act quickly to resolve the matter.
It’s not unusual for a dispute to involve only a portion of an invoice rather than the
entire amount. In those cases, focus on getting the undisputed part paid immediately,
then focus on further investigation of the disputed portion.
Quick attention to a dispute is key to maintaining customer good will and to getting
paid. The more quickly you respond, the more quickly you’ll be able to determine if it is
just a stall tactic or a valid claim. In the course of your conversation, take special note if
a customer claims that their salesperson told them something that differs from your
payment terms or price. Based on your relationship with your salesperson, you’ll likely
know immediately if the customer’s claim is a possibility.
If you determine that your customer’s claims are valid, you may decide to make a
reasonable modification to the invoice while clearly explaining future policy or pricing. If
the dispute is not valid, calmly explain your position and request payment.
Cash Flow
Your customer’s business can and possibly will experience temporary cash flow
problems from time to time. Your willingness to work with them during lean times can
lead to a good long‐term relationship. Your goal is to validate your customer’s claims so
you can work toward a solution that is fair and reasonable to you both.
Start by listening fully to what they have to say about the situation. Let them take the
time they need to give you the full version. From there, explain that you understand
their situation and that your company has a policy to work with good customers who
experience temporary cash flow problems. This may help to set your customer at ease.
In the course of your conversation, allow them to propose a workable payment solution
that includes the details of where this money will come from. If the timeframe is
reasonable, then accept the plan and confirm it in writing. Ask that they acknowledge
the plan by signing it as well. The amount of the invoice and history of the customer are
also variables that you will need to consider. Usually, payment‐installments made over a
2 to 6‐week period that includes a same‐day payment is considered a reasonable
agreement, and one you should take. Keep in mind that if you agree on a schedule of
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payments, ask for post dates before you end your conversation. If it’s going to take
longer, then you’ll need more information that you’ll then need to verify.
Once you feel satisfied that you have the details, it’s time to validate your customer’s
story. Start first by talking to other creditors. Is the story consistent? Your next step is to
talk to your customer’s bank. If it’s a small bank or if it happens to be the same one that
you use, you might be able to verify over the phone whether or not a check would clear
if your customer were to issue you one.
If your customer does a meaningful amount of business through credit card sales, then
request the last 6 months worth of Merchant Statements. This will tell you how much
money is acquired through monthly credit card sales and if sales have dropped. It’s even
better if you have Merchant Statements on file from their initial Credit Application to
compare to.
The knowledge you gain through these two phases will help you determine if the cash
flow claim is valid and if a payment plan is the best option or if things are far worse.
From all of information you’ve gathered through understanding and validating the story,
you’ll be better equipped to answer the big money question for yourself:
Do they or do they not have the money to clear the debt they have with you?
If your conclusion is that the business is viable, but going through a temporary cash flow
problem, then establishing an extended payment plan over several months might be
your best option. As always, getting a down payment and small payments weekly is
more preferred than larger payments monthly.
If your conclusion is that your customer really has no money (or a very limited amount)
to pay you and if you believe there’s a strong likelihood that your customer won’t be
able to financially honor an extended payment plan, then it’s time to consider a
settlement. Once your customer realizes this is the action you plan to take, it may be
motivation enough for your customer to clear your debt with whatever limited funds
they have or can muster up by some other means.
While taking a settlement isn’t the best scenario, it’s not the worst, either. Worst case
would be not getting paid anything. And we’d all agree on this point: getting
paid something is always better than getting paid nothing.
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CHAPTER SIX: SKIP TRACING
When collecting on a debt commercially, the term skip tracing is really a bit of a
misnomer. Skip tracing is actually the pursuit of an individual. Commercial Collection
Agencies aren’t just looking for individuals. They are typically in pursuit of companies,
instead. Therefore, a more appropriate term would be investigating.
When we launch an investigation for a client, we start with a simple Internet search for
the most basic of information: names, addresses and phone numbers for the company
in question. Once that information is gathered, we contact the Secretary of State. This is
how we learn if the company is a sole proprietorship, a partnership or a corporation.
That’s important to know because, with a sole proprietorship, the individual is liable. If
it’s a corporation, only the corporation is liable unless you have a personal guarantee.
Don’t forget to comb through the Credit App from the client. It offers useful information
like banks, vendors, landlords and phone numbers.
In the course of our investigation, we set out to learn the following 5 things about the
company:
1. Names of officers and directors
Cut to the chase and find the decision maker. That’s usually an officer.
2. Name of the registered agent
Every company has one. He or she is responsible for the legal documents.
3. All known addresses
The branch headquarter location is the main address we want.
4. Present status
Are they active or dissolved? If active, the individual has the corporate veil of protection.
If the debt was incurred after dissolution, it becomes a sole proprietorship and
therefore, collectible from the individual.
5. Date of incorporation
If the debt was incurred before the date of incorporation, it becomes a sole
proprietorship and therefore collectable from the individual.
There are many databases that collectors use to gather information besides the four
mentioned in Chapter 1. Free online sources are a great place to start, like Blackbook,
Manta, Corporation Wiki, NetOnline and of course, yellow and white pages.
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Paid services like Accurint, Hoovers, CBC Innovis, Master Files and First Data’s FastData
offer more detail. When we pull a report from a database, we collect every phone
number ever used, names of relatives and neighbors, associates and social networks.
Armed with the above information, we can save time by locating the person/s
responsible, right from the very beginning bringing a more timely resolution.
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SECTION TWO
COLLECTION AGENCIES AND INDUSTRY SOLUTIONS
Even with a solid in‐house collection policy in place, it’s still possible to find yourself in
need of a 3rd party Collection Agency. But make no mistake about it; all Collection
Agencies are not created equal! There are important things to know before you partner
with one.
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CHAPTER SEVEN: COLLECTION AGENCIES ARE NOT A COMMODITY
It can be tempting to choose a collection agency that offers the lowest rate but
collection services are not a commodity.
One agency may take on a case at a rate of 15% while another may quote a rate of 30%.
Either way, if the collector collects zero on the debt, the outcome is zero … for you and
for them. The rate you care about isn’t the rate the agency charges – it’s the net
recovery rate that matters.
While it may be tempting to select a Collection Agency based solely on the rate they’ll
charge you, there are legitimate reasons why some companies charge more. Consider
this:
Licensing
Agencies that are licensed are held to a high standard of conduct and operate within the
boundaries of the law. They also invest in the resources it takes to monitor their
collectors. This is added protection for you and your business. Licensing isn’t
cheap. There is time and money involved in the process of obtaining and maintaining the
proper licensing.
Experience
Collectors with years in the business produce a more profitable and consistent outcome
for their clients. They have long since learned what works and what does not, which
saves time and gets clients paid. Experienced collectors cost more but the return is
greater. For instance, at C2C Resources, our average collector has over 18 years
experience.
Account Management
It’s not uncommon for agencies to spend their time on the easier and big money
accounts while turning the difficult accounts over to an attorney. Why? Because they
increase your rate when an attorney takes over. Basically, they pour their time and
resources into the easy accounts while still getting paid for the more difficult ones they
don’t even work on! In the end, the rate you paid won’t be the one you start with.
Agencies that assign 3 – 4 collectors to work each account ensures that the more
difficult accounts get the attention they need but they do require more resources.
An agency that has a dedicated team that focuses on small balance accounts and limits
the number of accounts a collector works is an agency worth considering. These
agencies have learned something valuable in the industry. They’ve learned that by
working small accounts with efficiency, they have a better overall relationship with their
client. This caliber of agency fully expects to lose money on smaller accounts. They know
that by keeping a big picture perspective, their client relationships across the board will
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be balanced and solid and therefore, long‐term and profitable. It’s a fact: it costs more
money in the short‐run to use this strategic approach to collections but over time, it’s a
more profitable approach for both the agency and the client.
Remittance
Agencies should remit quickly. If you’re considering a Collection Agency that holds onto
your money (only remitting monthly) then re‐consider. You should be collecting interest
on your money. And yes, it DOES cost an agency to remit weekly. The ones that do will
cost more to partner with but they will get your money in your hands more quickly.
Communication
Keeping you informed is critical to the process of collections. Agencies that invest in
personnel and technology are able to deliver a high quality of communication. Software
and personnel costs money, but is another important and crucial expense for an agency.
In the end, your choice of a Collection Agency comes down to the dollars that come
back to you and not their percentage rate. When interviewing an agency, ask them if
they are licensed. What is the experience level of their collectors? How do they handle
small balance accounts? How often do they remit? How many collectors touch each
account? How many accounts are assigned to each collector? What are their
communication policies? The answers will help you understand their rates so you make
the best decision when choosing an agency.
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CHAPTER EIGHT: THE IMPORTANCE OF LICENSING
Licensing is critical when shopping for a Collection Agency. There are a number of
reasons why this is true. Let’s start with the most important one:
It’s the law.
Laws were designed to eliminate abusive practices in the collecting of debt as well as to
protect the money that the agency collects on your behalf. The laws ensure that
agencies operate in a professional and ethical manner with both you and your
customer.
While each state may have different laws, some requirements may include: registration
and testing of agency personnel, audit of collection procedures and letters, agency
bonds, and most importantly trust procedures and audits to make sure that your money
is safe.
Your reputation is affected.
The Collection Agency you partner with becomes a reflection of your business. You
operate your business professionally and honestly – You should expect your Collection
Agency to do the same, conducting itself with respect and courtesy in the course of
collecting a debt on your behalf.
You may be liable.
Agencies that don’t adhere to the laws become a major liability to you and your
business. If a legal issue should arise with your debtor, he or she can sue you both based
on the actions of your Collection Agency. And without licensing, there’s no one making
sure the agency ‘plays by the rules’.
Over 20 states require commercial collection agencies to be licensed to do business in
their state. Surprisingly, very few agencies pay attention to these laws. To find out if an
agency is licensed, ask for a copy of their state issued certificate. States with licensing
requirements issue them to compliant companies, so producing it shouldn’t be a
problem. If they are unable to do so, request that they TELL you the requirements for
the state in which you are doing business. If the person on the other end of the line is
stumped by that question, they probably aren’t in compliance and it’s time for you to
move on.
Partnering with a licensed agency is one important way you can protect your business.
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CHAPTER NINE: STRATEGIC THOUGHTS FOR FINANCE & COLLECTION FEES
Many credit application agreements include terms that add finance charges in the
event that a customer is delinquent. Collection charges may also be applied if the
account is placed for collection.
Sometimes when a client is placing an account for collection with a collection agency
they will include finance and collection charges. Based on our experience, we often
advise that this is usually not productive and in many cases has the opposite effect.
Here is our guidance when it comes to this matter.
1. Adding finance and collection charges is only an option if you have a written
agreement with your customer that allows for these charges.
2. Even with a written agreement, some states do not allow these charges (especially
collections charges) to be added. In these states, it can only be added by a court
order.
3. If permitted by the state and added, it often has the opposite effect, diminishing
the debtor’s willingness to pay. Typically, your debtor owes more people than just
you and he lacks the funds to pay everyone. All things being equal, the one not
seeking fees is the one that gets paid.
4. Our advice is to not seek these fees at the collection agency level, but only seek
them if it becomes necessary to pursue through litigation. At that point you are
already in for a long fight, so there’s no real downside. Of course, during our
communication with your debtor, we’ll point out that you will seek these costs
through the courts if you decide to pursue this in litigation.
We understand this is a frustrating area and you are right in wanting every penny
owed to you for product or service provided by your company. However, our goal is
to give you the best advice to maximize recovery and avoid litigation when dealing
with business entities with limited dollars.
In the end, however, these are your dollars therefore, your agency should handle
your account any way you request if permitted by law.
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CHAPTER TEN: MANAGING THE LITIGATION PROCESS
It goes without saying, but we’ll say it anyway; when it comes to resolving a commercial
debt collection dispute, do whatever you can to avoid litigation. In cases where litigation
is inevitable, it’s important to know what to expect.
Litigation is a lengthy process
The entire process of litigation is a series of fits‐and‐starts. To make matters worse, the
financial situation of your debtor can deteriorate during the process. Take a look at the
following legal flow. Each of the wait days listed is just an approximate but a generally
reasonable estimation of the time it will take to get through each of the stages.
The following is by no means a complete list of the stages you may go through. Snags at
any point, like stall tactics or a counter claim, can change the trajectory entirely and add
months or even years to your process. But this list will give you a little peek at what you
could be facing.
Attorney review, make demand, prepare suit: 30 days
Serve the debtor: 15 – 45 days if served on first attempt, 60 – 90 days if more
attempts are necessary
Time for debtor to answer: 30 days
File/Receive default Judgment if debtor does not answer suit: 60‐150 days then
proceed to Execution Stage
File/Decision for Summary Judgment if debtor does answer suit: 90‐120 days
If Summary Judgment Denied then Continue Discovery, Mediation, wait for Trial
date: 90 ‐120 days
Judgment Granted/Appeal: 60 days
Execution if assets identified: 60 – 120 days
Post Judgment Discovery if assets not identified: 60‐120 days then Execution
once assets identified
Assuming the debtor has identifiable assets and if a default judgment route is an option,
the process can still take 9 months to a year to complete. If you go to trial, the best‐case
scenario will probably take about a year and half.
It would be very difficult to keep this chapter a reasonable length if we were to outline
ALL the possible ways litigation can be delayed. Every action or inaction on your
debtor’s part can add its own set of paperwork and delays. But here’s the thing: no
matter what comes your way in litigation, at the end of the process, you’ll STILL be
negotiating.
So, we’re back to our original advice – work with your debtor every way possible to
come to a resolution BEFORE you consider litigation.
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CREDIT APPLICATION EXAMPLE ONE
Cont.
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CREDIT APPLICATION EXAMPLE TWO
Cont.
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